PART 8. VESTING TENTATIVE MAPS
Sections:
§ 9208.2 Consistency Requirement.
§ 9208.3 Definition of Vesting Tentative Map.
§ 9208.5 Filing and Processing.
§ 9208.7 Condition Precedent to Approval.
§ 9208.9 Vested Rights Created by Approval of Vesting Tentative Map.
§ 9208.9.1 Amendment to Vesting Tentative Map.
§ 9208.10 Applications Inconsistent with Established Policies.
§ 9208.11 Subsequent Permits, Licenses, and Other Entitlements for Use.
9208.1 Purpose and Intent.
The purpose of this Part is to establish procedures for the implementation of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California which provides for the approval of vesting tentative maps. Except as otherwise specifically provided by this Part, the provisions of this Chapter shall apply to the filing, processing and review of vesting tentative maps as said term is defined by Section 66424.5 of the Government Code and CMC 9208.3. (Ord. 85-730U, § 1)
9208.2 Consistency Requirement.
The approval of a vesting tentative map shall be consistent with the General Plan, any applicable specific plan, the Zoning Ordinance, and any other applicable provision of this Code in effect at the time provided by CMC 9208.9(a). (Ord. 85-730U, § 1)
9208.3 Definition of Vesting Tentative Map.
A “vesting tentative map” shall mean a tentative map for a subdivision, as defined in this Chapter, that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with CMC 9208.4, and is thereafter processed in accordance with the provisions of this Part and the Subdivision Map Act. (Ord. 85-730U, § 1; Ord. 90-910, § 1)
9208.4 Application.
(a) Whenever a provision of the Subdivision Map Act or this Title requires the filing of a tentative map or tentative parcel map for a subdivision, a vesting tentative map may instead be filed, in accordance with the provisions of this Part.
(b) If a subdivider does not seek the rights conferred by Chapter 4.5 of Division 2 of Title 7 of the Government Code and this Part, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. (Ord. 85-730U, § 1; Ord. 90-910, § 1)
9208.5 Filing and Processing.
A vesting tentative map shall be filed in the same form, have the same contents, and provide the same information and shall be processed in the same manner as set forth in this Chapter for a tentative map except as hereinafter provided:
(a) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.”
(b) The application for a vesting tentative map shall describe the manner in which the subdivision is proposed to be developed, including but not limited to the height, size and location of all buildings and other improvements.
(c) A vesting tentative map shall not be accepted for filing unless all other discretionary land use approvals required for the proposed development, except for site plan and design review, have been obtained or applications therefor are filed concurrently with such map.
(d) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance in existence at the time of filing, such inconsistency shall be noted on the map. (Ord. 85-730U, § 1)
9208.6 Fees.
Upon filing a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of a tentative map. (Ord. 85-730U, § 1)
9208.7 Condition Precedent to Approval.
A vesting tentative map shall not be approved unless all other discretionary land use approvals required for the proposed development have been obtained except for site plan and design review. (Ord. 85-730U, § 1)
9208.8 Expiration.
The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period and shall be subject to the same extensions established by this Chapter for the expiration of the approval or conditional approval of a tentative map. (Ord. 85-730U, § 1)
9208.9 Vested Rights Created by Approval of Vesting Tentative Map.
(a) Subject to the time limits established by subsection (c) of this Section, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. If Section 66474.2 of the Government Code is repealed, however, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved subject to the time limits established by subsection (c) of this Section.
(b) Notwithstanding subsection (a) of this Section, a permit, approval, extension, or entitlement may be made conditional or denied even though such action may be contrary to the ordinances, policies, and standards described in subsection (a) if any of the following are determined:
(1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
(2) The condition or denial is required in order to comply with State or Federal law.
(c) The rights referred to in subsection (a) of this Section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in CMC 9208.8. If the final map is timely approved, such rights shall exist for the following periods of time:
(1) An initial time period of one (1) year after the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.
(2) The initial time period set forth in subsection (c)(1) of this Section shall be automatically extended by any time used for processing a complete application for a grading permit or for site plan and design review, if such processing exceeds thirty (30) days from the date a complete application is filed.
(3) The subdivider may apply to the Planning Commission for a one (1) year extension at any time before the expiration of the initial time period set forth in subsection (c)(1) of this Section. If the extension is denied, the subdivider may appeal that denial to the City Council within fifteen (15) days thereafter.
(4) If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (c)(1) through (c)(3) of this Section, the rights referred to herein shall continue to exist until the expiration of such permit, or any extension thereof. (Ord. 85-730U, § 1)
9208.9.1 Amendment to Vesting Tentative Map.
Any time prior to the expiration of a vesting tentative map, the subdivider, or his or her assignee, may apply for an amendment to such map. A public hearing shall be held by the Planning Commission on any amendment involving a substantial modification to the subject subdivision or development related thereto. The Planning Commission may approve, conditionally approve or disapprove the proposed amendment. The decision by the Planning Commission on the requested amendment shall be appealable to the City Council in the manner provided by CMC 9173.4. (Ord. 85-730U, § 1)
9208.10 Applications Inconsistent with Established Policies.
Notwithstanding any provision of this Part, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in CMC 9208.9(a), and the City may grant such approvals or issue such permits to the extent that the departures are authorized under applicable law. (Ord. 85-730U, § 1)
9208.11 Subsequent Permits, Licenses, and Other Entitlements for Use.
The provisions of this Part shall not be construed to prevent the City from conditionally approving or denying any permit, license, or other entitlement for use which is applied for by the subdivider after the approval of a vesting tentative map provided such conditional approval or denial is made in accordance with the ordinances, policies and standards described in CMC 9208.9(a). (Ord. 85-730U, § 1)